(a) Alternatives. An applicant for a sediment control permit must plant shade trees on the affected property or, if the applicant opts not to plant the required number of trees, pay a fee under subsection (d).
(b) Quantity. The number of shade trees required to be planted under this Section must be based on the square footage of the area in the limits of disturbance.
(1) Unless modified or superseded by applicable regulations adopted under Method 1, the number of shade trees planted must comply with the following schedule:
Area (sq. ft.) of the Limits of Disturbance | Number of Shade Trees Required | |
From | To | |
1 | 6,000 | 3 |
6,001 | 8,000 | 6 |
8,001 | 12,000 | 9 |
12,001 | 14,000 | 12 |
14,001 | 40,000 | 15 |
(2) If the area in the limits of disturbance exceeds 40,000 square feet, the minimum number of shade trees required must be prorated using the ratio of 15 trees per 40,000 square feet.
(c) Planting. Each planting of shade trees under this Section must conform to the following requirements:
(1) Each shade tree must be allowed at least 400 square feet, unless applicable regulations adopted under Method 1 specify a smaller amount, of open surface area free of any impervious surface, utility, stormwater management system, or other impediment to root growth and development.
(2) Shade trees may be planted anywhere on the subject property, including outside the limits of disturbance if sufficient open surface area is available entirely within the property boundaries. Open surface area on an adjacent County right-of-way may be included if no utility, public utility easement, or impervious surface is located in that part of the right-of-way and the tree is located on the affected property so that its stem will not grow into the right-of-way.
(d) Fees.
(1) If the applicant concludes that any required shade tree cannot be planted on the affected property because sufficient open surface area is not available or for any other reason, the applicant must pay into the Tree Canopy Conservation Account a fee, at a rate set under paragraphs (2) or (3), for each required shade tree that is not planted on the affected property.
(2) Except as provided under paragraph (3), the rate to calculate the amount payable under paragraph (1) equals $470 per tree, as adjusted on July 1st of each odd numbered year by the percentage amount of the cumulative increase or decrease in the Consumer Price Index for all urban consumers in the Washington-Baltimore metropolitan area, or any successor index, for the two most recent calendar years.
(3) By resolution after a public hearing, the Council may set the rate to calculate the amount payable per tree under paragraph (1).
(4) The Director must:
(A) calculate an annual fee adjustment under paragraph (2) to the nearest multiple of 5 cents; and
(B) publish an amount of a fee adjustment under paragraphs (2) or (3) not later than May 1st of each odd numbered year. (2013 L.M.C., ch. 21, § 1; 2024 L.M.C., ch. 1, § 1.)